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About the Ombudsman

The Scottish Legal Complaints Commission: frequently asked questions

Follow the links to get the answers to the questions:

When will the complaints handling system change?

The Scottish Legal Complaints Commission (SLCC) is not yet in existence. It is expected that the SLCC will be operating from mid–late 2008. In the meantime, the Ombudsman, the Law Society of Scotland and the Faculty of Advocates will continue to operate under the current complaints framework.

I hear that the Ombudsman is being abolished. Is this correct?

The office of Scottish Legal Services Ombudsman will cease to exist when a new Scottish Legal Complaints Commission is operational. Until then the Ombudsman will continue to carry out her remit as normal.

What is the Scottish Legal Complaints Commission?

The SLCC will be a “one stop shop” for complaints about legal practitioners in Scotland where the problem cannot be sorted out with the service providers concerned. In future, complaints about solicitors and advocates will be directed to the SLCC instead of the Law Society of Scotland and the Faculty of Advocates.

What will the new Commission be able to do?

The SLCC will investigate complaints about the service provided by legal practitioners. Complaints about the conduct of legal practitioners will be handed to the Law Society of Scotland and Faculty of Advocates. The Scottish Solicitors Discipline Tribunal (comprised in future of an equal number of solicitor and non-lawyer members) and Faculty of Advocates will continue to hear complaints relating to professional misconduct. Further details of how the Law Society of Scotland and Faculty of Advocates deal with conduct complaints can be found on their web sites.

What will be different about the new Commission?

The SLCC will be wholly independent of the legal profession. Until Commissioners are appointed and rules established it is not clear how the Commission will operate, but this section will be updated as news emerges.

What should I do if I have a complaint about a solicitor or advocate now?

You should make a complaint to the firm or individual directly and to the Law Society of Scotland or Faculty of Advocates if the service provider cannot resolve your concerns. Both of these professional bodies apply time limits so you should not delay raising concerns with them. It is not safe to assume that the SLCC will be able to deal with complaints that could now be brought to the professional bodies.

What should I do if I have a complaint about the way the Law Society of Scotland or Faculty of Advocates handles my concerns?

You should complain to the Ombudsman as normal. Complaints to the Ombudsman must be made within 6 months of the date of the professional body's decision letter. It is not safe to assume that the SLCC will be able to deal with a complaint that could now be heard by the Ombudsman.

Where can I find out more information about the new Commission?

The text of the Legal Profession and Legal Aid (Scotland) Act 2007 is available on the Office of Public Sector Information web site.

Information on the passage of the Legal Profession and Legal Aid (Scotland) Bill is available on the Scottish Parliament web site.

The Scottish Executive earlier published a consultation document Reforming Complaints Handling, Building Consumer Confidence: Regulation of the Legal Profession in Scotland.

The Law Society of Scotland publishes and updates information for Law Society members on its web site.

Source: http://www.slso.org.uk/slcc.shtml